D A RAMAKRISHNAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) In these batch of writ petitions, the respective petitioners sought to call for the records of the first respondent in relation to Paras 5, 5(i) and 5(ii) of G.O.Ms.No.179, School Education (Elementary 1(2) Department, dated 6.9.2013 and quash the same in so far as it restricts the benefits to the Primary School Headmasters, who were promoted between 1.6.1988 and 31.12.1995 and approached the Court and obtained orders and in so far as the petitioners are concerned and issue a consequential direction to the respondents to restore the G.O.Ms.No.216, School Education (G2) Department, dated 30.12.2011 and to direct the respondents to count the service rendered by the petitioners before 1.6.1988 as Secondary Grade Teacher and Primary School Headmaster for the purpose of fixation of selection and special grade scales of pay in the post of Primary School Headmaster and to grant selection grade scale of pay and special grade scale of pay in the post of Primary School Headmaster accordingly and grant arrears of pay and fix last drawn pay and issue a direction to the respondents to send the revised pension proposals for sanction of pension and to grant arrears of pension.

(2.) The petitioners have sought for the extension of the benefits granted by the Government in G.O.Ms.No.216, School Education Department, dated 30.12011. On a perusal of the abovesaid Government Order, it is stated that the proposal submitted by the Director of Elementary Education, was considered by the Government and it was decided that the persons, irrespective of the fact, whether they have filed writ petitions or not, the benefit of counting of the services in the post of Secondary Grade Teachers and the Elementary School Headmaster rendered prior to 1.6.1988 to be calculated for the purpose of awarding selection grade and special grade. More-so, the selection grade and special grade in the cadre of Elementary School Headmaster.

(3.) However, the Government thought that the above G.O.Ms.No.216, dated 30.12.2011 was ambiguous and accordingly, withdrawn the said Government Order and issued the revised Government Order in G.O.Ms.No.179, School Education Department, dated 6.9.201 In the said Government Order, the Government thought fit that the benefit should be extended to the persons, who have obtained orders from the High Court numbering 1,528 and accordingly, restricted the relief only to those persons.